Request for Initial Evidence (I-485)

[tuesdaysgone 0]

I received a req for initial evidence letter requesting 3 pieces of evidence regarding the I-485. I need what they are asking for to be clarified by someone on here.

Basically my income contributes to the household income. I am on an F1 student visa and I work part time on campus, you cannot work off campus on an F1 which is cool with me. i have payslips, a university employment verification form and my I-20.

The 1st evidence is to basically show I am legally allowed to work in the US. it can be a copy of form I94, showing a non immigrant classification that allows the intending immigrant/house hold member to work lawfully in the United States. Examples include E1,E2,E3,H-1B,H1-B1, H-1C, H-2A, H-2B, H-3, I,L-1, TN

The bit that has worried me is that it doesnt mention anything about an F1 visa. Please advise.

Evidence req part 2 and 3 has be confused as it seems to be asking for the same thing. I began working on campus part time on 29th April, after the tax filing date, so all I have right now are payslips, I believe USCIS are asking for a W-2.

As follows:

Part2: The household member on the petitioner/sponsors form I-864, Affidavit of support must submit all Federal income tax documentation submitted to the Internal Revenue Service for the most recent tax year.

In order to process your application further, the household member needs to submit Federal income tax documents for the most recent tax year.

Part 3: The household member on the petitioner/sponsors form I-864, Affadavit of support/form I-864A, Contract between Sponsor and Household member must submit all supporting tax documentation (w-2, 1099s, etc) submitted to the IRS for the most recent tax year.

Please help, thanks.

[sasaqlain 24]

I received a req for initial evidence letter requesting 3 pieces of evidence regarding the I-485. I need what they are asking for to be clarified by someone on here.

Basically my income contributes to the household income. I am on an F1 student visa and I work part time on campus, you cannot work off campus on an F1 which is cool with me. i have payslips, a university employment verification form and my I-20.

The 1st evidence is to basically show I am legally allowed to work in the US. it can be a copy of form I94, showing a non immigrant classification that allows the intending immigrant/house hold member to work lawfully in the United States. Examples include E1,E2,E3,H-1B,H1-B1, H-1C, H-2A, H-2B, H-3, I,L-1, TN

The bit that has worried me is that it doesnt mention anything about an F1 visa. Please advise.

Evidence req part 2 and 3 has be confused as it seems to be asking for the same thing. I began working on campus part time on 29th April, after the tax filing date, so all I have right now are payslips, I believe USCIS are asking for a W-2.

As follows:

Part2: The household member on the petitioner/sponsors form I-864, Affidavit of support must submit all Federal income tax documentation submitted to the Internal Revenue Service for the most recent tax year.

In order to process your application further, the household member needs to submit Federal income tax documents for the most recent tax year.

Part 3: The household member on the petitioner/sponsors form I-864, Affadavit of support/form I-864A, Contract between Sponsor and Household member must submit all supporting tax documentation (w-2, 1099s, etc) submitted to the IRS for the most recent tax year.

Please help, thanks.

Since You are on F-1, and working on-campus, I doubt that you would be above the poverty line defined by the USCIS as you are only allowed a certain number of hours to work per week. Would it be possible to have your spouse sponsor you. USCIS usually is looking for a stable sponsor who can show filed taxes for the last three years.

Edited July 7, 2009 by saspak

[tuesdaysgone 0]

No. My wife is sponsoring me and her income meets the majority of the poverty guidelines. As my income supplements it I need to prove the tax documentation.

[panpan 0]

I personally think you made your I-485 process complicated by adding your income into the I-864.

If you wife's income meets the poverty guideline, why even send your income information? Now, they also want to see your tax returns and all others.

I am also a F-1, I earned $10000 per summer during the last two summer internships, but my wife is making $30000 a year, so next week when I send my I-485 package, I won't even mention anything about my income. Also, My wife was just out of college and started to work 2 month ago, she has no tax returns for the last 3 years, so I will show her college record to prove she was in college and had no income, so no tax returns and w-2s. Then all we need is her I-864 form, a letter from her company showing the $30000, and also all the pay slips from last two months. DONE!

well, I will meet my lawyer this thursday to do a review on my AOS package, I will let you know any changes.

No. My wife is sponsoring me and her income meets the majority of the poverty guidelines. As my income supplements it I need to prove the tax documentation.

[Anh map 2,098]

No. My wife is sponsoring me and her income meets the majority of the poverty guidelines. As my income supplements it I need to prove the tax documentation.

What do mean by the "majority of the poverty guidelines?" The sponsor's income either meets or does not. Kind of like being a little pregnant.

As stated already, if your USC spouse meets the income guidelines, no need to add your earnings.

Now if the USC income is close and you feel that your income will help the case then you must submit all the needed tax return, W2, etc. information for yourself along with your I864A.

You should submit your tax return. If you just started work this year then all you have to submit is pay stubs. I would suggest including a letter explaining your F1 status and when you began working, etc.

If your spouse's income falls short and you need a co-sponsor it may be best to find someone with a longer work history.

[sasaqlain 24]

I Agree with Texaspanpan and Anh Map.

[tuesdaysgone 0]

Yes by adding my own income into the I-864 it has made things complicated, however I do not have a choice. My wifes income does not meet the poverty guidelines she is about 2k short of it, she lost her job and main source of income at Christmas due to the recession. While on the other hand the I-864 does ask for each householder to declare their income.

I have all of this nailed down explaining my circumstances and have all the documentation to cover myself, however the IRS form 8843 would help. I also have copies of the port of entry stamps and my British Police career break letters showing when I was leaving for the us etc.

Normally if you are exempt from filing taxes a form 8843 is required to be sent to the IRS before the deadline for filing 2008 taxes. This date has gone a good few months now but ill send it to the IRS anyway, though I do not have the time to wait for the response.

[panpan 0]

Why 8843 helps? I thought 8843 only helps to get exempt from bank interest tax.

On my 1040NR-EZ, it did not even have interests income here, so I won't send my 8843 to USCIS.

to prove I was legally work as internship , I will send them my I-20, which has CPT on it.

Yes by adding my own income into the I-864 it has made things complicated, however I do not have a choice. My wifes income does not meet the poverty guidelines she is about 2k short of it, she lost her job and main source of income at Christmas due to the recession. While on the other hand the I-864 does ask for each householder to declare their income.

I have all of this nailed down explaining my circumstances and have all the documentation to cover myself, however the IRS form 8843 would help. I also have copies of the port of entry stamps and my British Police career break letters showing when I was leaving for the us etc.

Normally if you are exempt from filing taxes a form 8843 is required to be sent to the IRS before the deadline for filing 2008 taxes. This date has gone a good few months now but ill send it to the IRS anyway, though I do not have the time to wait for the response.

Edited July 8, 2009 by texaspanpan

[tuesdaysgone 0]

The 8843 helps one's case as it shows you filed to be exempt from paying taxes. My whole point is that USCIS asked me to submit federal tax documentation inc W-2s.

Anyway after speaking to the IRS and explained my case, being on an F-1 I am exempt anyway so they said dont bother sending an 8843 as there is no point this year but refer uscis to irs publications 519 pages 6 and 7 to show f1 tax exempt info.

I have all the info I need and will be finishing the letter tonight and will send the rfe tomorrow.

When you say cpt on your i-20 how do you mean by cpt?

[naksah 1]

The 8843 helps one's case as it shows you filed to be exempt from paying taxes. My whole point is that USCIS asked me to submit federal tax documentation inc W-2s.

Anyway after speaking to the IRS and explained my case, being on an F-1 I am exempt anyway so they said dont bother sending an 8843 as there is no point this year but refer uscis to irs publications 519 pages 6 and 7 to show f1 tax exempt info.

I have all the info I need and will be finishing the letter tonight and will send the rfe tomorrow.

When you say cpt on your i-20 how do you mean by cpt?

cpt on your i-20 basically means that when u get an internship or coop, your school has to indicate on your i-20 that you are doing cpt (curriculum practical training) which is working as a practical trainee in your field of study. It usually has a company name, your start and end date.

You kind of complicated your case by including your income in the first place but since its already done, go ahead and send all the info they need. If they keep giving you problems, i say you just get another co-sponsor and take yourself off.

[tarana 0]

Hi tuesdaysgone

I'm in a similar situation as you are/were. If you could take a minute to answer my question, I'd really appreciate it.

What documents did you attach to show that you are legally allowed to work in the US?

My Husband is a US citizen. I'm a student on F-1 status. His net income is $1k short of the minimum requirements, but his gross income was more than the minimum required. (We're both students)

I could add my income (I'm a grad student working as Instructor at my University) to his and we would be well over the minimum required. I have been filing taxes since I arrived here.

We submitted the AOS forms (+ I-130, I-131, I-765) on August 21.

I've received a Request for Initial Evidence (9/11) stating:

-----

Pg 5 of Form I-864 Affidavit for Support submitted is blank or missing.

In order to process your application further, you will need to submit and complete all pages of Form I-864. Complete and return the enclosed page(s) of Form I-864.

-----

Any suggestions / advice would be appreciated.

Pg 5 asks for assets to be listed and claims that the information is optional if we're over the poverty line. I have assets that I could add, but my husband does not.

Should we fill out Form I-864 again and add my income to my Husband's? Or should I resend the application and just write NA on Page 5 to show we didn't leave it blank on purpose?

[visacheck 3]

My Husband is a US citizen. I'm a student on F-1 status. His net income is $1k short of the minimum requirements, but his gross income was more than the minimum required. (We're both students)

When my wife filed for I-864 we used gross income not net income.